도로법위반
The defendant is innocent.
1. On April 23, 2007, the Defendant: (a) operated the said vehicle as loaded with freight of 11.25 tons of 5 livestocks, in excess of 10 tons, at the Korea Highway Corporation located in Gwangju metropolitan business office located in 585, located in the area of Jeonsung-gun on April 15, 2007, while his employee B is the driver of the C truck; and (b) violated the restriction on the operation of the vehicle by the road management authority.
2. Article 86 and Article 83 (1) 2 of the former Road Act (amended by Act No. 7832 of Dec. 30, 2005 and amended by Act No. 8976 of Mar. 21, 2008) which applies to the facts charged in the instant case. The Constitutional Court rendered a decision that "if an employee of a corporation commits a violation under Article 83 (1) 2 with respect to the business of the corporation, a fine under the relevant provision shall be imposed on the corporation," in Article 86 of the above Act, that "if an employee of the corporation commits a violation under Article 83 (1) 2 of the Act, a fine under the relevant provision shall be imposed on the corporation, as well, is in violation of the Constitution (the Constitutional Court Order 2008HunGa17, Jul. 30, 2009). Accordingly, Article 47 (2) of the Constitutional Court Act,
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.